The Difference Between Detention and Arrest in Pennsylvania Juvenile Cases

If your child has been accused of a crime in Philadelphia or anywhere in Pennsylvania, here’s what you need to know about how juvenile cases begin—and how an experienced criminal defense attorney can help at every stage.

What Is Considered a Juvenile in Pennsylvania?

In Pennsylvania, anyone under the age of 18 is considered a juvenile for most criminal offenses. Juvenile cases are handled in Family Court, with a primary focus on rehabilitation, not punishment.

However, some serious offenses may result in the minor being charged as an adult, which carries very different consequences.

Is a Juvenile Ever “Arrested”?

Technically, no. In Pennsylvania, the word “arrest” is rarely used in juvenile court. Instead, the proper term is that the juvenile is “taken into custody.”

This usually happens when:

• A child is caught committing a crime

• A school refers an incident to the police

• A complaint is filed by a parent, victim, or witness

Once in custody, police or probation officers may choose to:

• Release the juvenile to a parent or guardian with a notice to appear in court

• Hold the juvenile in secure detention if the case involves violence, weapons, or repeat offenses

What Is Juvenile Detention?

Juvenile detention is similar to being jailed—but in a facility specifically for minors. Youth may be held in detention while their case is pending if:

• They are considered a flight risk

• They pose a threat to public safety

• They were already on probation or supervision

• The offense involved weapons, assault, or serious property damage

In Philadelphia, detained juveniles are held at the Juvenile Justice Services Center (JJSC) near 48th and Haverford.

Detention Hearings: What Happens Next?

If a juvenile is not released to their parent immediately, the court must hold a detention hearing within 72 hours. At this hearing, the judge decides whether the youth:

• Should be released to a parent or guardian

• Should be placed under home supervision with conditions

• Should be held in secure detention until their next court date

Your defense attorney can present arguments for release, such as:

✅ Stable home environment
✅ School attendance
✅ No prior record
✅ Low-level or non-violent offense
✅ Parental willingness to supervise

Why This Distinction Matters

While adults are arrested, charged, and held on bail, juveniles go through a different process entirely. The goal of Pennsylvania’s juvenile system is rehabilitation, not punishment.

However, being detained can have serious consequences, including:

• Missed school or academic disruption

• Exposure to more serious offenders

• Stress and trauma for the child

• Harsher disposition (sentencing) if the judge sees the child as high-risk

That’s why it’s crucial to have a criminal defense lawyer who knows how to navigate the juvenile justice system and fight for your child’s release whenever possible.

Can a Juvenile Be Charged as an Adult?

Yes. In certain cases involving:

• Firearms

• Sexual assault

• Aggravated assault

• Robbery or homicide

The prosecution may request a transfer to adult court. If this happens, your lawyer can argue at a decertification hearing to keep the case in juvenile court, where the focus remains on rehabilitation and record sealing.

Will a Juvenile Record Be Permanent?

Not necessarily. In many cases, juvenile records can be:

• Sealed from public view

• Expunged after the case is resolved and the youth completes supervision

But early intervention matters. The sooner you get legal help, the more options you have to protect your child’s future.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If your child has been taken into custody or placed in juvenile detention, don’t wait. With over 30 years of experience handling juvenile cases in Philadelphia and across Pennsylvania, Mark D. Hauser is committed to protecting your child’s rights and securing the best possible outcome.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.